Navaneethakannan vs The State Represented By
2022 Latest Caselaw 11047 Mad

                                                                      Crl.O.P.(MD) No.8443 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 24.06.2022

                                                     CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                          CRL.O.P (MD) No.8443 of 2022

                     1. Navaneethakannan,

                     2. G.Perumalsamy @ Perumal,

                     3. P.Parvathy,
                                                                                    : Petitioners

                                                        Vs

                     1. The State represented by
                     The Inspector of Police,
                     Vembakkottai Police Station
                     in Crime Nos.132/22, 32/2022.

                     2. S.Yogalakshmi,
                                                                                 : Respondents
                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records in Crime.No.132/2021 dated 20.04.2021, on
                     the file of the Vembakkottai Police Station, Virudhunagar District and
                     quash the same.




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.8443 of 2022




                                               For Petitioners : M/s. Mahalakshmi S,
                                               For R1          : Mr.A.Albert James,
                                                                 Government Advocate (Crl.Side)
                                               For R2          : Mr.S.Rajesh

                                                            ORDER

This Criminal Original Petition has been filed to quash the FIR in

Crime.No.132/2021 dated 20.04.2021, on the file of the Vembakkottai

Police Station, Virudhunagar District

2.The case of the prosecution is that due to previous enmity, the

petitioners quarreled with the defacto complainant, attacked and threatened

her with dire consequences. Hence the complaint.

3.The case is still at the stage of investigation. By passage of time,

the parties have decided to bury their hatchet and compromise the dispute

amicably among themselves.

4.A Joint Memo of Compromise has been filed before this Court

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.8443 of 2022

which have been signed by the petitioners and the second respondent and

also by their respective counsel. The petitioners and the second respondent

were also present in person before this Court and they were identified by

Mr.K.Gopalakrishnan, SSI of Police, Vembakkottai Police Station as well

as by the learned Counsels appearing on both the sides. This Court also

enquired both the parties and was satisfied that the parties have come to an

amicable settlement between themselves.

5.In the instant case, the dispute is of personal in nature and the

parties had compromised. Where the parties have compromised the matter,

the High Court has to power to quash the complaint for the offence under

Sections 294(b), 323, and 506(i) IPC and Section 4 of Tamil Nadu

Prohibition of Harassment of Women Act, 2002.

6.The legal position expressed by the Hon'ble Apex Court in the case

of Gian Singh vs. State of Panjab and another reported in (2012)10 SCC

303 and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported

in (2017)9 SCC 641 were taken into consideration.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.8443 of 2022

7.In the light of the guidelines issued in the above said Judgments of

the Hon'ble Apex Court, no useful purpose will be served in keeping the

proceedings in Crime No.132 of 2021 pending before the first respondent

police, even though, the offences involved are not compoundable in nature.

8.Accordingly, this Criminal Original Petition stands allowed and as a

sequel, the proceedings in Crime No.132 of 2021 on the file of the first

respondent police, is quashed insofar as the petitioners alone and the terms

of joint compromise memo shall form part and parcel of this order.

24.06.2022 Internet:Yes./No Index:Yes/no lr

To

1. The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.8443 of 2022

V.SIVAGNANAM, J.

lr

ORDER IN CRL.O.P (MD) No.8443 of 2022

24.06.2022

https://www.mhc.tn.gov.in/judis